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Resolution 2005-134 RESOLUTION 05 - 134 RELATING TO PETITION NUMBER CU-2003-AR-4326 REQUESTING CONDITIONAL USE APPROVAL IN THE VILLAGE RESIDENTIAL (VR) ZONING DISTRICT FOR A CHURCH OR HOUSE OF WORSHIP PURSUANT TO SECTION 2.04.03, TABLE 2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance Number 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use approval under Subsection 2.03.04.Table 2, in the Village Residential Zoning District for a church or house of worship on the property hereinafter described, and has found as a matter of fact, Exhibit "A", that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition, CU-2003-AR-4326, filed by Ronald F. Nino, AICP of Vanasse Daylor, representing Dieudonne and Lunie Brutus, with respect to the property hereinafter described in Exhibit "B" attached hereto and incorporated by reference herein, be and the same hereby is approved for a Conditional Use pursuant to Subsection 2.04.03, Table 2 in the Village Residential (VR) Zoning District to allow for a church or house of worship in accordance with the attached Conceptual Site Plan, Exhibit "C", and subject to the conditions found in Exhibit "D" which is attached hereto and incorporated by reference herein. Page 1 012 BE IT FURTHER RESOLVED that this Resolution relating to Petition Number CU- 2003-AR-4326 be recorded in thc minutcs of this Board. This Resolution adopted after motion, second and super-majority vote. Done this /._" k j day of >/) d It!/; ,2005. ATTEST: DWIGHT E BR0CK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ,. '" . "~): .f'A:"I/fh~,ir lerk"'~ '~i:Kt .Kt~ ,ClIl 1 I'1I4n . s s f,..tOoDA'J'I. BY: ~W. r~~ FRED W. COYLE, Cfl~~ Approved as to Form and Legal Sufficiency: ~~ Assistant County Attorney Attachments: A. B. C. D. Findings of Fact Legal Description Conceptual Site Plan Conditions Page 2 012 ) ) '>. ~~L~ 'En \.... tJ i....l ..:." FIl'illI1'fG ;)F lAC:' J3'! COlli'TT'! :?~ANNING COMTIII:=c:-:: FOR A CDNDITIONAL 1JSE PE:'IT:CI<T CD-2003-AR-4326 The IDlio\ving facts are found: . '. Section 2.6.3304.1 of the Land Development Code r.uthorized the conditional: ,se. , Granting the conditional use will not adversely affect the pubiic interest ::nd 'NllI not adversely affect other property or uses in the same district ()r ::eighborhood :.ecause of: A. Consistency witrthe Land Development Code 2.I1d GrmYlh .\lanagemem ?lan: Yes.x. No '3. Ingress and egress to property and proposed :~trucUlrcs thereon .'v'ith ;Janlcular reference to automotive and pedestrian safety and ,:onv<~nienc~, ~[J.rlic :10\\' and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes -.1L No r ~. Affects neighboring properties in relation to noise, ~iare. "ConomlC or ')dor effects: ~:"o affect or_ Affect mitigated by AfIect cannot be mitigated ~). Compatibility with udjacent properties and other !'remen" :1 'he district: Compatible use within district Yes V No , 32seci on lhe above findings, This conditional use 5houid. 'vi\h ~tiDulatLJ.-ns. i CODY ~~tt:.:;.cnecil he - . . ,. , , ~ '-:o.""1-rn-"'r>r:'",0' for "DprO\'al to the "'00"0"1\"' 7"cnt'nf7 '\D~e,.,is -~'- ....~~.'-'-.....'" ~ 4. -L 1,) u.J. \ l "- ~ "="', ~ ......... i , '...,i ...., ;"'. \ / 1--'"\ - '-::0<1 "'''' V..:., \ 1'" -"y"',.lf" , '-'" ,A,)..i.j\,\..>-''--' \.jE.lBER: .:#~H!aIT ,-'"\ , FINDING OF FACT BY CaLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4326 '!llC following facts are found: I. Section 2.6.33.4.1 of the Land Development Code authorized the conditionalusc. J Granting the conditional use will not adversely affect the public interest and will not advcrsely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes (/ No B. Ingress and egress to property and proposed structures thereon with particular refcrcnce to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adcquate ingress & egress Yes ,/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ,/ :\0 atfect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatlbility with adjacent properties and other property in the district: Compatible use within district Yes [/ No i3ased on the above tlndings, this conditional use should, with stipulations, (copy attached) be ,ecommended for approval to the Board of Zoning Appeals. -1 -1-;'. '" ;' -c, ,~I /! MEMBER: A-) ""'11 a- K p d {I tu'~ ,""'-' EXHIBIT A FINDING OF FACT BY C:)LL.IER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4326 Tbe foiIowing facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. COM''''''', ~ 0.,,'''_' Code "'" Gw""" Mm'g_' P1m, Yes_ No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ~ess Yesk No_ c. ., boring properties in relation to noise, glare, economic or odor No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible u7in district Yes No 8ased on the above findings, this conditional use should, with stipulations, (copy attached) be ,,,cummended for approval to the Board of Zoning Appeals. /j ,...,.- _='>', rE: --:?l /" 5 .- 0.5 MEMBER: ~ EXHIBIT A v'~""'" .,' .-, "'!':!:~'-'" '''''-''0< ~;:~'.:-V-_-, . ~'~,~'" : FINDING OF FACT BY COLLIER CDUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4326 TIle following facts are found: 1. Section 2.6.3304.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes .7- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ,>,- No C. Affccts neighboring properties in relation to noise, glare, economic or odor effccts: ..!:i.. No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes~ No_ Based on the above findings. this conditional use should, with stipulati ~ co.py a ched) be -ecommcnded for approval to the Board of Zoning Appeals. , .. :1,:J 5,5 ~ :::.--/ l EXHIBIT A FINDING OF FACT BY COL':"'lER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the L~evelopment Code and Growth Management Plan: Yes N~ Ingress and egress to property and proposcd structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and conuol, and access in case of fire or catastrophe: B. Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district !)t~( 3ased on the above findings, this conditional use should;r.~tjp ~ecGmmended for apprO\'a] to the Board of Zoning Appeals. Yes No . IAI" \' 1')' ^-~~~j be "\ -1 PC'" rx~')r!>~ MEMBER: Itt- {;is tLL /' )_-'_T2: EXHIBIT A ) ) ) FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CV-2003-AR-4326 The following facts are found: 1. Section 2.6.3304.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ., , No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fife or catastrophe: Adequate ingress & egress Yes v No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by _ Affect cannot be mitigated D. Compatibllity with adjacent properties and other property in the district: Compatible use within district Yes 0/ No Based on the above tindings, this conditional use should, with stipulations, (copy attached) be cecommended for approval to the Board of Zoning Appeals. ',' ",,,.'1 ,''1,. O( :.....',.\..L.,. > '---' MEMBER:~J f ~'-- EXHIBIT A FINDING OF FACT BY COLLlER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4326 The following facts are found: I. Section 2.6.3304.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesA No B. Ingress and egress to property and proposed Structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control. and access in case of fire or catastrophe: Adequate ingress & egress Yes A No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: -L. "10 affcct or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yesi.., No_ Based on the above findings, this conditional use should, with s' ulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. . ~ .-; ".- ').'\~E: '\'{lS."'. <1'X)c MEMBER: EXHIBIT A '()~ S4)~ ) .)" . ) FINDING OF FACT BY COLLIER {:OUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION CU-2003-AR-4326 The following facts are found: !. Section 2.6.3304.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with t,Land Development Code and Growth Management Plan: Yes.JL" No_ B. Ingress and egrcss to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequatc ingress & egress Yes.-..k( No_ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ 0 affect or _ Affect mitigated by _ Affect cannot be mitigated D, Compatibility with adjacent propenies and other property in the district: Compatible use within district Yesd No_ Based on the above findings, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. ., \,'''. ~ i "\ I c> )- ~. ~~ L. ...... ' ..., MEMBER:;:i'''''I ~_ EXHIBIT A FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2003-AR-4326 The following facts are found: 1. Section 2.6.33.4.1 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: YesL No_ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egrcss Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: / No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes1 No 3ased on the above findlngs, this conditional use should, with stipulations, (copy attached) be recommended for approval to the Board of Zoning Appeals. DATE: Z /3/0c;' I ( CHAIRMAN: Q~MA@ II It;) EXHIBIT A LEGAL DESCRIPTION CU-2003-AR-4326 LEGAL DESCRIPTiON BEGINNING A T THE NORTHEAST CORNER OF THE VEST 380 FEET OF THE EAST 1070 FEET OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTIDN 4, TOVNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA THENCE RUN SOUTH ALONG THE EAST BOUNDARY LINE OF SAID TRACT VEST 380 FEET OF THE EAST 1070 FEET TRACT A DISTANCE OF 150 FEET TO THE POINT OF BEGINNING OF TRACT HERON DESCRIBED; THENCE CONTINUING SOUTH ALONG SAID EAST BOUNDARY LINE OF SAID TRACT A DISTANCE OF 250 FEET; THENCE RUN VEST 120 FEET; THENCE l?UN NORTH 250 FEET, THENCE RUN EAST 120 FEET TO A POINT OF BEGINNING. SAID PROPERTY BEING ALSO DESCRIBeD AS LOTS 3, 4, 5, 6 AND 7, OF A MAP OF A SUBDIVISION PROPOSED TO BE RECORDED UNDER THE NAME OF LAKE VIEV PROPERTIES. E;thibit B +' "..r- I I I I Ii '''-." t t t l__ I I t\ _j'~I""OJ"""O)1 ''''''lSPlf ~l/IO!; ,or I" ::6~'O ~rill 7i ',,,,,,,~ I 9I1fO<og-O'dl '",l\Jq.''''''''""<rI.~~ ~jlJSf'~'l !;~~~~, I'i>~~ ~~~~~ --cu,-- / . i ~I , i, i __ //------i'----"-----'--r---1------/- , <4-i ;.1 -+ i ;+^~:-~--(~"~ '~i ,>"'~ ".-~;~-~''', ~l' u , ,~g '" t~ :.",' ~ .^ ~ ~..~ ,,~:) ~,. ~i~ ~i ,,)'< I' I' / , ' ,/ I: /, , ~11$11If:~1 wlill~ll/mJJ091'r~gl .~, -~,~~~.t: --- JOI^E(J;~ '~...,.m.' ~ aSSl?'J12^ :': ...~"'~-- ,'\.j- i {~: I'I~'- j' i I~) :'; Iii: JJL !---,-~ I,e ", ItJ,{, ' , '11"'~" i ~ " I~'~,i___,__-_- :111 g;:; ~ I:' ~ I~ 'n,1 '" ~ ~ , ..~ ~ , ~;V ~[CO ~'rGCD~",,~, "','P '-,"'-;'9':1DJ'- _x-- CONDITIONS OF APPROVAL CU-2003-AR-4326 I. The Conditional Use is limited to what is shown on the conceptual site plan, identified as "Tabernacle of Bethlehem Conceptual Site Plan," prepared by Vanasse Daylor, last revised December 7, 2004. The site plan noted is conceptual in nature for conditional use approval. The final design must be in compliance with all applicable federal, state, and county laws and regulations. 2. The Conditional Use is limited to the use of the existing building for a house of worship. No expansion or enlargement of the existing building is permitted. 3. Parking within 3cd Street right-of-way is prohibited. All parking must be contained on-site. 4. The Conditional Use approval is subject to compliance with any conditions or stipulations placed upon the companion request petition, V A-2003-AR-4327. 5. The petitioner must seek development approval, i.e., SDP or SIP, for this conditional use. The SDP/SIP plans must reflect all improvements depicted on the sitc plan and the conditions noted above. A final local developer order (SOP or SIP and building permits) must be issued before the building's use as a church/house of worship. Revised: 2/3/05 to Incorporate the Collier County Planning Recommendation Exhibit D